Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-10-13

facility for making known his views.
Take. as an instance, the silver coinage
question. Whilst the great majority OF
men are of one mind concerning it, in
which 1 share unequivocally, yet it is a
public question upon which
honest men differ, and 1 hope
this body, or this desk, will
not be untrue to The objects of the asso-
citation in unduly shutting off the intelli-
gent views of any man or set of men, who
have different opinions, thereby thrott ing
the very objects OF its existence, and
will endeavor to see that men of different
views have an opportunity of expressing
them. We have no objection to the man
who rides hobby-not even if ne rides 1t
to death. We only protest when he
takes up the whole roao with it.
Finally, gentlemen of the convention,
let US proceed to our accustomed bust
ness, remembering, indeed, as it has bsen
we'll said: "Happy is the people whose
annals are tiresome."
TREAsURER's REPORT.
Total receipts to October l, SALTS;
disbursements, SIS, 1893; balance, $500.
Pending their report, j. j. Knox, ex-
Comptroller of the United States Treas
ury, delivered an address on the surplus
and the public debt. 81. Nj. Kingman
presented paper on commercial paper
and its importance as factor in the dis
count account of banks. Hon. Dan
Agnew then addressed the convention.
ADDRESS OF HON DANIEL AGNEw.
Mr.. President and Gentlemen of the
Convention-I shall not discuss finance
You are more able to handle that subject
than I.
But our national banking system is so
intimately interviewer with business, and
the general interest, its legal future is
deeply interesting. 1 shall speak of it
briefly.
This system was born amid the throes
of war, and was so essential TO the credit
OF the Union it was accepted by the peo-
pie. But quarter of century having
buried the pscunisrY strain, old opinions
and partisan contentious are developing
partially adverse feeling. 1t is now q
question how far general utility will over
come unsound constitutional scruples and
unwise strife.
To obtain clear view Of the subject,
the first thing to be noticed, is that the
constitution confers on Congress no exA
press power to grant charter of incOr-
poration. The power is one Of inference
only; but fortunately it rests on an ex-
press power intended to supplement all
others in the constitution, contained in
the eighteenth clause, eighth section and
first article in these words:
"To make sill laws which shall be
necessary and proper for carrying into
execution the foregoing powers, and all
others vested by this constitution in the
government of the United States, or in
any department or officer thereof"
This power was subject of early dis
pute between strict and liberal construc-
tionists-classes originating at the time
of the adoption of the constitution. The
former contended that it conferred no
power, but what a fair Interpretation
would infer without 1t; the other claimed
latItute which might be dangerous to
the true operation of the instrument.
But the dispute overlooked the fact,
that no standard of Interpretation could
exist, without an express rule. Minds of
different capacity, varying in views of
policy, or differing in education, would
reach different conclusions. A standard
is essential to good order and uniform
construction. This was furnished by the
words Unnecessary and proper" Yet even
narrowed to this rule, men differ on cues
tions of necessity and propriety, some
demanding strict necessity, others merely
appropriate convenience. Fortunately
we had at the head Of the judiciary, in the
early stages Of the government, great
mind, whose wisdom and long service
gave trend to the Interpretation of the
constitution, nodded by good sense and
true principle.
The first thorough and elaborate exam
ination of this eighteenth clause was
made by Chief Justice Marshall in the
case of Mccullough VS.. The State of
Maryland a Wheat, 316). The case in
volved the constitutionalty of the charter
of the Bank of the United States granted
in 1916. It held that charter is only q
means of carrying into effect conferred
powers, and this means being convenient
and appropriate to the exercise of certain
conferred powers, fell within the true
meaning of q power necessary and prop
er" to execute them; and that Congress
is the only JUDGE of this necessity and
propriety, unless in clear case
of abuse of power. ave must
admit (said the Chief JUSTICE +,
as all must admit, that the
powers of the government are limited,
and its limits are not to be transcribed.
But we think the sound construction OF
the constitution must allow the national
legislature that discretion with respect to
the means, by which the powers it con-
fers are to be carriedin execution, which
enables this body to perform the high
duties assigned to 1t in the manner most
beneficial to the people. Let the end be
legitimate, let it be within the scope OF
the constitution, and all the means which
are appropriate, which are plainly adapted
to that end, which are not prohibited but
consist with the letter and spirit of the
constitution, are constitutional"
Any other construction OF this
eighteenth clause would put the consti-
tuition in straight jacket and emssculate
half it's usefulness. AS an illustration,
take the simple power to CIRCULATE COM
MERGE" From it Congress has inferred,
very necessarily, the power to regulate
navigation; and from navigation the
power to establish ports of entry, and to
regulate shipping; and from these again
to legislate upon the character of vessels,
the shipment of seamen, their duties, ar
ticles, wages, time of coming on board,
desertion, discharge in foreign ports, the